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Violation of city code
Chicago, IL
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Posted about 1 year ago in State, Local And Municipal Law
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We hired a company to build a privacy fence around are property which is a corner lot. Now the city is stating that our fence is in violation and does not meet city code. Was the fence company responsible to inform us of the city code?
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Answers (1)
Maryann Margaret Bullion
This attorney is licensed in Illinois.
Posted about 1 year ago.
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Generally, the owner of property is responsible for ensuring that whatever is built on their property meets the appropriate City codes. However, in your case, since you hired a firm to erect your fence, you should read through any paperwork you have from the company that built the fence. If there is one, the service contract may state which party is responsible for ensuring the fence was built to meet the City codes. Also, the answer to your question may depend on which City code your fence allegedly violates. You should do a cost benefit analysis of the situation to determine how much it will cost you to bring your fence within the City's guidelines, or whether it would be more economical to hire an attorney to review the paperwork and possibly seek damages from the company that built the fence or apply for a variance with the City that would allow you to keep the fence you have already built.
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